Town of Huntington v County of Suffolk
Motion No: 2009-06734
Slip Opinion No: 2011 NY Slip Op 65285(U)
Decided on February 25, 2011
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M116103

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2009-06734

Town of Huntington, respondent,

v County of Suffolk, appellant.

(Index No. 21265-05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated July 2, 2009 , which was determined by opinion and order of this Court dated October 19, 2010, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and order of this Court, and to stay enforcement of the opinion and order dated October 19, 2010, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are for leave to reargue and for leave to appeal to the Court of Appeals are denied, and the motion is otherwise denied as academic, with $100 costs.

MASTRO, J.P., BALKIN, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court